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California Land Use Law & Policy Reporter

October 2018

Volume 28, Number 1 October 2018

FEATURE ARTICLE

3

LAND USE NEWS

California Adopts Wildfire Prevention and Emergency Response Legis-

lation8

REGULATORY DEVELOPMENTS

California Natural Resources Agency Publishes State’s Fourth Climate Change Assessment10

RECENT FEDERAL DECISIONS

Circuit Court of Appeals:

Ninth Circuit Finds Forest Service’s Landscape Restoration Plan in Violation of the National Forest Management Act12

Alliance for the Wild Rockies v. U.S. Forest Service, ___F.3d___, Case No. 16-35829 (9th Cir. Aug. 13, 2018).

District Court:

District Court Requires EPA to Either Conduct Clean Water Act NPDES Permitting For Certain Stormwater Discharges or Prohibit Them13

Los Angeles Waterkeeper v. Pruitt, ___F.Supp.3d___, Case No. 2:17-CV-03454-SVW-KS (C.D. Cal. Aug. 9, 2018).

RECENT CALIFORNIA DECISIONS

Supreme Court:

California Supreme Court Finds Voter Referendum Is Not Automatically Invalid Due to Inconsistency between General Plan and Zoning Ordin-

ance16

City of Morgan Hill v. Bushey, ___Cal.5th___, Case No. 5243042 (Cal. Aug. 23, 2018).

District Court of Appeal:

Fourth District Court Holds Non-Historic Building Previously Demolished as a Nuisance Does Not Trigger Environmental Review17

Bottini v. City of San Diego, ___Cal.App.5th___, Case No. D071670 (4th Dist. Sept. 18, 2018).

Fourth District Court Reverses Trial Court—Holds Voters May Not Approve Development Agreements by Initiative20

Center for Community Action and Environmental Justice v. City of Moreno Valley, 26 Cal.App.5th 689 (4th Dist. 2018).

Second District Court Upholds Addendum to Previous Project Level EIR for Target Store by Applying CEQA’s Subsequent Review Provisions22

Citizens Coalition Los Angeles v. City of Los Angeles, ___Cal.App.5th___, Case No. B283480 (2nd Dist. Aug. 23, 2018).

First District Court Upholds Environmental Impact Report for San Francisco’s Housing Element Including Water Supply and Traffic Impacts Analyses23

San Franciscans for Livable Neighborhoods v. City and County of San Francisco, ___Cal.App.5th___, Case No. A141138 (1st Dist. Aug. 22, 2018).

LEGISLATIVE UPDATE26